"Company", "Clinch" or "We", as used in this policy, means: (i) if you are based in the US or North America, Clinch US Inc., and (ii) if you are based outside of the US or North America, Clinch Labs Ltd.
Company is a controller of the PII it processes in relation to its customers, vendors, service providers or partners. When Company processes PII on behalf of its customers (e.g. regarding generated ads and content and campaigns), Company is a data processor under the GDPR, to the extent applicable. In that case, Company’s customer will be a data controller under the GDPR, and will be responsible to obtain the data subject’s consent or establish any other applicable lawful basis for processing and to ensure that data subjects can exercise their rights set forth in Section 9 below.
WE DEFINE "PII" TO MEAN ANY INFORMATION RELATING TO AN IDENTIFIED OR IDENTIFIABLE NATURAL PERSON; AN IDENTIFIABLE NATURAL PERSON IS ONE WHO CAN BE IDENTIFIED, DIRECTLY OR INDIRECTLY, IN PARTICULAR BY REFERENCE TO AN IDENTIFIER SUCH AS A NAME, AN IDENTIFICATION NUMBER, LOCATION DATA, AN ONLINE IDENTIFIER OR TO ONE OR MORE FACTORS SPECIFIC TO THE PHYSICAL, PHYSIOLOGICAL, GENETIC, MENTAL, ECONOMIC, CULTURAL OR SOCIAL IDENTITY OF THAT NATURAL PERSON.
We recognize that privacy is important. This policy applies to all of the services, information, tools, features and functionality available on the Services offered by the Company or its subsidiaries or affiliated companies and covers how PII that the Company collects and receives, including in respect of any use of the Services, is treated. If you have any questions about this policy, please feel free to contact us at: email@example.com
In light of the importance of privacy, the Company stays updated regarding privacy laws and regulations and accordingly went through Regulation (EU) 2016/679 (General Data Protection Regulation) (“GDPR”) and California Consumer Privacy Act of 2018 (“CCPA”) readiness process.
The summary of Company’s processing activities pursuant to the GDPR is as set forth below. The rights of data subjects pursuant to the GDPR are set forth in Section 9 below. Company transfers PII pursuant to the GDPR as set forth in Sections 5 and 12 below.
The rights of California residents under the CCPA are set forth in Section 14 below.
PII We Collect. In order to provide and improve our Services, we may collect user information. In addition, we may collect communications you send us and aggregate data. We also automatically collect and record PII through use of the Services such as IP address, cookie information, type of browser and technical information regarding the method and nature of the use of the Services. At any time, you may opt-out from receiving newsletters and promotional communications from us.
How We Use Your PII. We use PII for purposes such as, to learn how to adjust and personalize use of the Services, to gather broad demographic information, to understand the usage trends and preferences of our users, for providing targeted ads/interest based ads, cross-app advertising.
Links. The Services may contain links to other services, sites and applications that are subject to their own privacy and data protection policies.
Children. We do not intend to collect PII from anyone we know to be under 13 years old. If you believe that we might have collected such information, please contact us.
PII Sharing. We grant access to PII to our affiliates, agent representatives and third party providers. In addition, we may share PII if required for the provision, maintenance and improvement of the Services; to satisfy applicable law; when permitted by you; to prevent fraud or harm; for processing PII on our behalf; or in the event of a merger, acquisition or other structural change or form of sale of part or all of our assets.
PII Security. We follow generally accepted industry standards to protect against unauthorized access, alteration, disclosure or destruction of PII, however, we cannot guarantee its absolute security. We keep PII only for as long as reasonably necessary to fulfill a legitimate business need or to comply with any applicable legal or ethical reporting or document retention requirements.
Data Integrity. We process PII only for the purposes for which it was collected and take reasonable steps to ensure that the PII we process is accurate, complete and current. However, we depend on you to rectify your PII when necessary.
Automated Decision-Making and Profiling. In order to provide the Services, we use automated decision-making and profiling for the following purpose: to decide, based on the profiling of your interests and other PII, if an advertisement will be shown or not , and what content it will include.
Your Rights. At any time, you may contact us and request to exercise your rights in accordance with applicable law. If you are a data subject who interacted with one of our advertisements, you will need to contact the controller on behalf of whom we placed the advertisement. For more details, see Section 9 below.
Enforcement. We will cooperate with the appropriate regulatory authorities to resolve any formal written complaints regarding processing of PII that cannot be resolved between us and the complaining individual.
Consent to Processing and Transferring of PII. PII may be stored and processed in a country outside the country of the data subject’s residence or from which there’s access to the Services. Transfers of PII outside the European Economic Area will comply with applicable laws.
California Residents. California residents have specific rights under the California Consumer Privacy Act. For more details, see Section 14 below.
Do Not Track Notices. We do not respond to Do Not Track signals.
Opt-Out. If data subjects prefer not to receive interest-based advertising, they can opt-out from such feature. For more details, see Section 16 below.
Clinch Solution Users/Corporate Clients. If you are a Clinch Solution User/Corporate Client we may collect additional types of PII for registration purposes and for provision of the Services: name, email address, job title and phone number. For more details, see Section 17 below.
1.1. User Information. When a the data subject uses our Services, we may automatically receive and record information from the data subject’s device and browser, including information and statistics about the data subject’s online status, IP address, any type of device advertising ID (like IDFA/ADID), cookie information, browser ID, device ID, regional and language settings, the physical location of the data subject’s device (if you have permitted your location-aware device to transmit location data) – location data is used in real-time but not stored, network status (WiFi/ cellular carrier), and software and hardware attributes. We may use the data subject’s location (country, city, ZIP) (if the data subject have permitted location-aware device to transmit location data) to learn how to adjust and personalize the data subject’s use of the Services. Our systems may automatically record and store technical information regarding the method and nature of the data subject’s use of the Services, including without limitation which pages of the Services our visitors view and impressions. An IP address is a numeric code that identifies the data subject’s device on a network, or in this case, the Internet. An IP address is also used to gather broad demographic information, such as gender, age range. The Company uses all of the PII that we collect/use to understand the usage trends and preferences of our the data subjects.
1.2. Third Parties. Clinch may collect/use PII about the data subjects from third parties as follows:
1.2.1. Identity and cross device providers in order to build de-identified behavioral graphs.
1.2.2. Data management platforms in order to enrich and augment data subject’s data for ad decision making
1.2.3. Conversions & Attribution providers, in order to measure campaigns and ads effectiveness as well as ad decisions.
1.3. Advertising. We use PII for providing targeted ads/interest based ads, cross-app advertising and ad delivery and reporting.
If you are a Clinch Solution user, please scroll down to Section 17 below entitled "Clinch Solution Users/Corporate Clients" for additional types of PII and its use.
2. Cookies. In order to collect/use the data described herein we use temporary cookies that remain on the data subject’s cookies file in the browser for a limited period of time. We also use persistent cookies that remain on the data subject’s cookies file on your browser until the cookies are removed via your browser's settings, in order to manage and maintain the Services and record your use of the Services and content the data subject may have gained access to. Cookies by themselves cannot be used to discover the identity of the data subject. A cookie is a small piece of information which is sent to and stored on the data subject’s computer. Cookies do not damage the data subject’s computer. Most browsers allow the data subject to block cookies but the data subject may not be able to use some features on the Services if it blocks them. The data subject may set most browsers to notify it if cookies are received (this enables the data subject to decide if it wants to accept it or not).
We may also use web beacons via the Services to collect/use PII. Web beacons or "gifs", are electronic images that may be used in our Services. We use Web beacons to deliver cookies and to count visits. We also use third party (including Facebook, see their Data Policy), technologies, such as cookies and web beacons and various third party providers to process and analyze your PII and provide targeted ads/interest based ads, including without limitation tracking your use of the Services and elsewhere on the internet. Our systems use cross-device linking technologies in order to provide targeted ads/interest based ads to the same user across different devices, applications and sites.
3. Links. Links to third party services/sites (including advertisers) and applications may be provided by the Company as a convenience to our users. The Company is not responsible for the privacy practices or the content of other sites and applications and you visit them at your own risk. This privacy statement applies solely to PII collected/used by us.
4. Children. The Services are not intended or designed to attract children under the age of 13. The Company will not knowingly contact or engage with children under the age of 13 without said parental consent and do not intentionally gather, collect/use or share PII from children under the age of 13. If you have reason to believe that a child has provided us with their PII, please contact us at the address given above and we will endeavor to delete that PII from our databases.
5. PII Sharing. Except for de-identified and aggregate information, which we control, we are merely the processors of the data subject’s PII on behalf of advertisement brokers, publishers and advertisers who serve the advertisements with which you interacted on the Services (e.g. by personalizing creative based on PII). They collect/use and process the data subject’s PII. We require them to do so in accordance with applicable law, but we do not control their actions and therefore the data subjects are advised to review their privacy policies. As part of providing the Services, our affiliates, agents representatives and third party providers may have access to PII. The Company may also share PII in the following circumstances: (a) as required for the provision, maintenance and improvement of the Services; (b) when permitted by you; (c) if we become involved in a reorganization, merger, consolidation, acquisition, or any form of sale of some or all of our assets; (d) to satisfy applicable law or prevention of fraud or harm or to enforce applicable agreements and/or their terms, including investigation of potential violations thereof; (e) to ensure security and for purposes of debugging; and/or (f) for processing the PII on our behalf. We require that our affiliates or other trusted businesses or persons processing the PII on our behalf agree to process such PII based on our instructions and in compliance with this policy and any other appropriate confidentiality and security measures.
6. PII Security and Retention. We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of PII. We keep your PII only for as long as reasonably necessary to fulfill a legitimate business need or to comply with any applicable legal or ethical reporting or document retention requirements. We retain advertising-related user PII, as mentioned in Section 1.2.1 above, for up to sixty (60) days from the last time we encountered a user. Cookies set via the Services expire within thirteen (13) months.
7. Automated Decision-Making and Profiling. In order to provide the Services, we use automated decision-making and profiling for the following purpose: to decide, based on the profiling of your interests and other PII, if an advertisement will be shown or not , and what content it will include.
8. Data Integrity. The Company processes PII only for the purposes for which it was collected/used and in accordance with this policy or any applicable service agreements. We review our data collection/usage, storage and processing practices to ensure that we only collect/use, store and process the PII needed to provide or improve our Services. We take reasonable steps to ensure that the PII we process is accurate, complete, and current, but we depend on our users to update or correct their PII whenever necessary. Nothing in this policy is interpreted as an obligation to store PII, and we may, at our own discretion, delete or avoid from recording and storing any and all information.
9. Rights of Data Subjects.
9.1 Right of Access and Rectification. Data subjects have the right to know what PII we collect about them and to ensure that such data is accurate and relevant for the purposes for which we collected it. We allow data subjects the option to access and obtain a copy of their PII and to rectify such PII if it is not accurate, complete or updated. However we may first ask data subjects to provide us certain credentials to permit us to identify their PII.
9.2 Right to Delete PII or Restrict Processing. Data subjects have the right to delete their PII or restrict its processing. We may postpone or deny such request if the PII is in current use for the purposes for which it was collected or for other legitimate purposes such as compliance with legal obligations.
9.3 Right to Withdraw Consent. Data subjects have the right to withdraw their consent to the processing of their PII. Exercising this right will not affect the lawfulness of processing the PII based on consent obtained before its withdrawal.
9.4 Right of Data Portability. Where technically feasible, data subjects have the right to ask to transfer their PII in accordance with their right to data portability, if required pursuant to applicable law.
Data Subjects may exercise the above rights by sending a request to firstname.lastname@example.org.
9.5 Right to Lodge Complaint. Data subjects also have the right to lodge a complaint with a data protection supervisory authority regarding the processing of their PII.
10. Enforcement. The Company regularly reviews its compliance with this policy. Please feel free to direct any questions or concerns regarding this policy or our treatment of PII by contacting us as provided above. When we receive formal written complaints it is the Company's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of PII that cannot be resolved between the Company and an individual.
12. Legal Justification and Consent To Processing.
12.2. When Company processes PII on behalf of its customers (e.g. in connection with ads and campaigns), Company is a data processor. In that case, Company’s customer will be a data controller, and will be responsible to obtain the data subject’s consent or establish any other applicable lawful basis for processing and we rely on our contractual relationship with the controller (i.e. our customer/ business provider) and in respect of all chargeback responses that have already been submitted we rely on a legitimate interest, which is to pursue a diligent investigation and review of the data subject’s chargeback request and process of handling that request by the relevant businesses.
13. Questions. If you have any questions about this policy or concerns about the way we process your PII, please contact us at email@example.com. If you wish to delete all PII regarding your use of the Services, please contact us at: firstname.lastname@example.org.
14. California Residents. California residents have specific rights under the CCPA. Please note that Company is not the ‘Business’ as defined under the CCPA but rather a ‘Service Provider’ and therefore the ‘Business’ is responsible for ensuring that such rights can be exercised by consumers.
15. Do Not Track Notices. You are also advised that Company does not respond to "Do Not Track" signals.
16.1. Clinch Opt-Out Mechanism. Data subjects who prefer not to receive interest-based advertising, can opt-out here. If a data subject opts-out, Clinch will set a cookie on its browser that tells Clinch not to tailor ads to its interests. Opting-out does not mean the data subject will not be served advertisements by Clinch, but the advertisements we serve will be less relevant to its interests (although they are optimized based on statistics). Please note that the opt-out cookie only applies to the computer and browser where it is set.
16.2. TCF (Transparency & Consent Framework) Mechanism. Clinch participates in the IAB Europe Transparency & Consent Framework and honors the consent/opt-in data down streamed from the advertiser and publishers digital assets (websites) according to the framework specification.
16.3. Mobile Opt-Out. Data subjects may also limit ad tracking in mobile app environments on their devices. For the most effective and up-to-date methods for doing so, you may consult https://www.networkadvertising.org/mobile-choice
17. Clinch Solution Users/Corporate Clients. If you are a Clinch Solution User/Corporate Client we may collect additional types of PII and use it as set forth below:
17.1. PII You Provide. We may collect/use the following PII for registration purposes and for provision of the Services: name, email address, job title and phone number.
17.2. User Communications. When you send communications to the Company, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services. We may send you messages and other communications regarding news and updates in respect of the Services. We may also send you newsletters and promotional communications, you may opt-out of this service at any time by submitting a request at the following link: email@example.com.
17.3. Aggregate and Analytical Data. In an ongoing effort to better understand and serve the customers of the Services, Clinch may compile and analyze aggregated data generated from the Services in order to improve and personalize the Services including for the benefit of the Clinch Solution users. We may share this aggregate data with our affiliates, agents and business partners. This aggregate information does not identify you or any other individual personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Last Date Updated: June 14, 2021.